ANDERSON v. STATE

No. 33886.

351 S.W.2d 232 (1961)

Eugene ANDERSON, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 22, 1961.


Attorney(s) appearing for the Case

No attorney on appeal, for appellant.

Edwin F. Berliner, Dist. Atty., Jack N. Ferguson, Oscar G. Galvan, Asst. Dist. Attys., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for assault with intent to rape; the punishment, ten years.

The prosecutrix, age 23, testified that she was watching television in the living room of her home about 10:30 P.M. and was alone, except for her baby and an eleven year old niece who were asleep, when she heard a noise and went to the kitchen to investigate. While testifying at the trial, she identified the appellant as the person who jumped her in the kitchen...

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